HomeMy WebLinkAboutRES NO 132-83RESOLUTION NO. 1~2-~
RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING OBJECTIVES, CRITERIA
AND PROCEDURES AND THE PREPARATION OF
ENVIRONMENTAL DOCUMENTS, SUPPLEMENTARY TO
CALIFORNIA ENVIRONMENTAL QUALITY ACT AND
THE STATE CEQA GUIDELINES AND SUPERSEDING
CITY OF BAKERSFIELD RESOLUTION NO. 60-80.
WHEREAS, recent amendments to the California Environmental
Quality Act and the State CEQA Guidelines make it necessary to
amend City procedures set forth in Resolution No. 60-80.
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Bakersfield as follows:
1. That Resolution No. 60-80 is hereby rescinded and
superseded by this resolution.
2. Application of the revisions contained herein to
any project for which a complete application has been received on
or before November 30, 1983, shall be determined in accordance
with Section 15007 of the State CEQA Guidelines. Such revisions
shall apply to all projects for which application is made after
November 30, 1983.
3. That the objectives, Criteria and Procedures for
Orderly Evaluation of Projects and the Preparation of Environmental
Documents Supplementary to the California Environmental Quality
Act and the State CEQA Guidelines, attached hereto, is hereby
adopted.
.......... o 0o ..........
I HEREBY CERTIFY that the foregoing Resolution was
passed and adopted by the Council of the City of Bakersfield
regular meeting thereof held on the 30%h day of November ,
by the following vote:
at a
1983
^SSISTANT C~~K and =~ of~,cio Clerk of the
Council of the City of Bakersfield
APPROV~ this 30th day of November
MAYOR// the Ci~ of Bakersfield
, 19 ~3
APPROVED as to form:
CITY A T~~of th~Bakersfield
AJS/bl
11/14/83
CITY OF BAKERSFIELD
OBJECTIVES, CRITERIA AND PROCEDURES FOR
ORDERLY EVALUATION OF PROJECTS AND THE
PREPARATION OF ENVIRONMENTAL DOCUMENTS
SUPPLEMENTARY TO CALIFORNIA ENVIRONMENTAL
QUALITY ACT AND STATE CEQA GUIDELINES.
(Adopted by Resolution No. 132-83 )
PURPOSE OF CITY OF BAKERSFIELD REGULATIONS
These regulations set forth procedures to be used by
the City of Bakersfield for the evaluation ot projects and the
preparation of environmental documents as required by Section
21082 of the Public Resources Code and Section 15020 of Chapter 3,
Division 6 of Title 14 of the California Administrative Code.
The State CEQA Guidelines and amendments thereto (Chapter 3,
Division 6 of Title 14) (commencing with Section 15000) of the
California Administrative Code are adopted by reference. Herein-
after references to such Guidelines shall be to section numbers
only, in the 15000 series. These regulations are intended to be
supplementary to the California Environmental Quality Act (Public
Resources Code, Sections 21000 et seq. and to the said State CEQA
Guidelines). Hereinafter references to such statutes shall be to
CEQA or to section numbers only, in the 21000 series. The City
of Bakersfield is responsible for complying with CEQA, the State
CEQA Guidelines and these regulations.
II.
MINISTERIAL PROJECTS
(Defined in Section 15369)
Reference is to Sections 15268 and 21080(b)(1)
A. List of Ministerial Projects. In the absence of
any discretionary provisions contained in the relevant city law,
the following actions or activities are examples deemed to be
ministerial and therefore exempt from the requirements of CEQA.
1. Issuance of building permits, plumbing permits,
electrical permits, mechanical permits, sign code permits and
demolition permits.
2. Issuance of business licenses.
3. Approval of final subdivision and parcel maps,
and site plans.
4. Approval of individual utility service connections
and disconnections.
5. Issuance of trailer park operating permits.
6. Issuance of occupancy permits for commercial
and industrial uses.
7. Permits issued by the Building Director under
Section 17.42.040 and Section 17.44.040 of the Municipal Code.
(Flood Plain Regulations).
8. Home occupation permits.
9. Other actions or activities which are wholly
ministerial under Sections 15268 and 15369.
B. CEQA Applies if Project Has Discretionary Elements.
Where a project involves an approval that contains elements of
both a ministerial action and a discretionary action, the project
will be deemed to be discretionary and will be subject to the
requirements of CEQA.
III.
CATEGORICAL EXEMPTIONS
(Defined in Section 15354)
Reference is to Sections 15300 through 15329
A. Categorically Exempt Projects Must be Discretionary.
Categorical exemptions are to be applied only where a project is
not ministerial. Inclusion of activities in the following list
which may be ministerial shall not be construed as a determination
that such an activity is discretionary.
B. Additions to List of Exemptions to Certain Classes.
Following is a continuation to the list of specific activities
which fall within the exempt classes specified below, which
activities are deemed to be consistent with the letter and intent
expressed in the classes. For the complete list of the classes
and the specific activities which are categorically exempt,
reference must be made to Sections 15301 through 15329. EIRs or
Negative Declarations are not required for projects described,
except under the provisions of Section 15300.2.
Class 3: New Construction or Conversion of Small
Structures. (Following is a continuation of the list under
Section 15303):
f. Signs permitted under any permit procedure
provided for in Chapter 17.60 of the Municipal Code.
Class 4: Minor Alterations to Land. (Following
is a continuation of the list under Section 15304):
i. Construction permits under Chapter 12.16 of
the Municipal Code.
j.
Municipal Code.
k.
the Municipal Code.
1.
lighting.
Street use permits under Chapter 12.12 of the
Utility Pole permits under Chapter 12.12 of
Installation of traffic signals and street
m. Weed abatement under Chapter 8.28 of the
Municipal Code.
n. House-moving permits under Chapter 12.12 of
the Municipal Code.
o. Formation and operation of maintenance districts
under Chapter 13.04 of the Municipal Code.
Class 5: Minor Alterations in Land Use Limitations.
(Following is a continuation of the list under Section 15305):
d. Minor modification of zoning development
standards.
e. Encroachment permits under Chapter 12.20 of
the Municipal Code.
Municipal Code.
f. Conditional use permits
six children or less.
g. Minor street, alley and
tions and dedications.
Site plan approvals under Chapter
for day nurseries with
utility easement vaca-
17.53 of the
and no EIR is required.
tionary, the Department
is categorically exempt,
are required.
If the project is determined to be discre-
shall further determine whether the project
in which case no environmental documents
IV.
PROCEDURES PRIOR TO INITIAL STUDY
A. No Possibility of Significant Effect. When any
activity is proposed, the following preliminary determination may
be made: The Development Services Department shall evaluate the
proposal to determine if there is a possibility that the activity
may have a significant effect on the environment. Criteria for
such determination shall be the requirements set forth in CEQA
and the State Guidelines. If it can be seen with certainty that
there is no possibility that the activity in question may have a
significant effect on the environment the activity shall be
deemed not covered by the requirements of CEQA, the State CEQA
Guidelines or these regulations. Such department shall maintain
a list of activities which have been determined to be exempt.
The determination authorized herein for exemptions to CEQA is
provided for in Section 15061.
B. Possibility of Significant Effect--Whether a "Project".
Where there is a possibility that the activity could have a
significant effect, the Development Services Department shall
determine if the activity is a project under Section 15378. If
it is not a "Project", no environmental documents are required.
C. Determination of Type of Project. If the activity
is a project under Section 15378 the development Services Department
shall determine if it is ministerial, emergency or discretionary.
If it is ministerial or emergency within the meaning of CEQA and
the State CEQA Guidelines it is exempt from the requirements of CEQA
D. Notice of Exemption. (Defined in Section 15374)
In the event the City approves or determines to carry out a
project, and it has been determined that the project is ministerial,
categorically exempt or emergency, then a Notice of Exemption may
be filed with the Kern County Clerk in the form appearing in
Appendix E of the State EIR Guidelines, in accordance with Section
15062. The Development Services Department shall be responsible
for the filing of Notices of Exemption. The applicant may also
file such Notice of Exemption, together with a certified document
issued by the City stating it has found the project to be exempt.
E. Projects with Short Time Periods for Decision.
(a) Some state statutes require agencies to make
decisions on permits within time limits that are so short that
review of the project under CEQA would be difficult to enable the
City to comply with both the permit statute and CEQA, the City
shall deem an application for a project not received for filing
under the permit statute (or implementing ordinance) until such
time as the environmental documentation required by CEQA has been
completed. This subsection is based on Section 15111 and will
apply where all of the following conditions are met:
(1) The enabling legislation for a program,
other than Chapter 4.5 (commencing with Section 65920) of Division 1
of Title 7 of the Government Code, requires the City to take
action on an application within a specified period of time that
is six months or less (Review and Approval of Development Projects-
Chapter 4.5), and
(2) The enabling legislation provides that
the project will become approved by operation of law if the City
fails to take any action within such specified time period, and
(3) The project involves the issuance of a
lease, permit,
use.
section
license, certificate, or other entitlement for
(b) Examples of time periods subject to this sub-
include but are not limited to:
(1) Action by the City within 50 days on a
tentative subdivision map for which an EIR is being or will be
prepared pursuant to Article 2 (commencing with section 66452) of
Chapter 3, Division 2, Title 2 of the Government Code, but a
negative declaration for a subdivision map must be completed
within the 50 day period (see Government Code Section 66452.1(c)).
(2) Action on an oil and gas permit by the
Division of Oil and Gas within 10 days pursuant to Section 3203
or 3724 of the Public Resources Code.
(c) In any case described in this subsection, the
environmental document shall be completed or certified and the
decision on the application shall be made within one year from
the date on which an application requesting approval of such
project has been received and accepted as complete for CEQA
processing by such agency. This one-year time limit may be
extended once for a period not to exceed 90 days upon consent of
the public agency and the applicant.
V.
INITIAL STUDY
(Defined in Section 15365)
A. Determination Whether EIR or Negative Declaration
Must be Prepared. In the event the discretionary project is not
exempt, the Development Services Department shall determine
whether an EIR or a Negative Declaration must be prepared. To
make such determination an Initial Study shall be prepared pursuant
to Sections 15063--15065. Such preparation is not necessary if
the Department determines that the project will clearly have a
significant effect on the environment.
B. Environmental Information Form. In all cases, the
applicant shall prepare fully, and submit, the Environmental
Information Form (Appendix H in the State CEQA Guidelines) to the
Development Services Department, such forms to be furnished by
the City. Upon receipt of the said form fully prepared by the
applicant and accompanied by the appropriate fee for private
property, the Department shall examine its contents and consult
with the applicant as to the completeness, accuracy and objectivity
of the information contained in such form, and shall attach to
such form a sheet containing any further information, corrections
or revisions, to the end that information concerning the project
shall be complete, accurate and objective.
C. Environmental Checklist Form. Upon completion of
the Environmental information Form in accordance with sub-
paragraph B, the Development Services Department shall fully
prepare the Environmental Checklist Form (Appendix I in the State
CEQA Guidelines), taking full cognizance of the examples of
consequences which may be deemed to be a significant effect on
the environment as contained in Appendix G of the State EIR
Guidelines, the mandatory findings of significance set out in
Section 15065 and the considerations stated in Section 15064 and
the definition of "significant effect on the environment" stated
in Section 15382. Delay and paperwork may be reduced if the
Initial Study is used to identify significant environmental
issues and to narrow the scope of EIRs.
D. Consultation. As soon as the Development Services
Department has determined that an Initial Study will be required
for the project, the City shall consult informally with all
responsible agencies and all trustee agencies responsible for
resources affected by the project to obtain the recommendations
of those agencies as to whether an EIR or a negative declaration
should be prepared. During or immediately after the preparation
of an Initial Study for a private project, the City may consult
with the applicant to determine if the applicant is willing to
modify the project to reduce or avoid thesignificant effects
identified in the initial study.
E. Determinations to
completion of the Initial Study,
(See Section 15063(g).)
be Made Upon Initial Study. Upon
the Development Services Depart-
ment shall make one of the following determinations:
(1) That the proposed project could not have a
significant effect on the environment and a Negative declaration
will be prepared.
(2) That although the proposed project could
have a significant effect on the environment, there will not be a
significant effect in this case because revisions in the project
plan or proposals made by or agreed to by the applicant before
the proposed Negative Declaration is released for public review
would avoid the effects or mitigate the effects to a point where
clearly no significant effects would occur, and there is no
substantial evidence before the City that the project as revised
may have a significant effect on the environment and that a
Negative Declaration will be prepared. (See Sections 15063(c)(2)
and 15070(b)(1).
(3) That the proposed project may have a significant
Impact Report is
effect on the environment and an Environmental
required.
VI.
NEGATIVE DECLARATION
(Defined by Section 15371)
A. Preparation of Negative Declaration. The Development
Services Department shall prepare a proposed Negative Declaration
for a project when either:
(a) The Initial Study shows that there is no sub-
stantial evidence that the project may have a significant effect
on the environment, or
(b) The Initial Study identified potential significant
effects but revisions in the project agreed to by the applicant
would avoid or mitigate the effects to a point where no significant
effects would occur. (See Section ]5070(b)(1).)
(For the use of a Negative Declaration, see Section
15070.)
A Negative
a commonly
B. Contents of Negative Declaration. (Section 15071)
Declaration circulated for public review shall include:
(1) A brief description of the project; including
used name for the project, if any.
(2) The location of the project, preferably shown
on a map, and the name of the project proponent.
(3) A proposed finding that the project will not
have a significant effect on the environment.
(4) An attached copy of the Initial Study (Environ-
mental Information Form and Environmental Checklist Form, completed)
documenting reasons to support the finding.
(5) Mitigation measures, if any, included in the
project to avoid potentially significant effects.
VII.
PROVISIONS FOR PUBLIC REVIEW AND COMMENT ON NEGATIVE DECLARATION
Adequate opportunity and time for public review and
comment on the Negative Declaration shall be afforded as follows:
A. Review by State Agencies. Proposed Negative Declara-
tions to be reviewed by state agencies shall be submitted to the
State Clearinghouse, 1400 Tenth Street, Sacramento, CA 95814, in
not less than 10 copies unless a lower number is approved for
distribution to the state agencies. Such review shall apply to
proposed Negative Declarations where a state agency is a responsible
agency, trustee agency or otherwise has jurisdiction by law over
natural resources affected by the project. Findings of No
Significant Impact (FONSI) prepared pursuant to NEPA, the Federal
Guidelines (Title 40 CFR, Part 1500, commencing with Section
1500.1) and Parts I and II of Office of Management and Budget
Circular A-95 shall also be submitted to the State Clearinghouse.
The City may also send proposed Negative Declarations to the
State Clearinghouse for review where a state agency has special
expertise with regard to the environmental impacts involved. The
review period shall be at least as long as the period provided in
the State Review System operated by the State Clearinghouse except
when a shorter period is set by the State Clearinghouse.
In the state review system the normal review period is
30 days for Negative Declarations. In exceptional circumstances,
the State Clearinghouse may set a shorter review period when
requested by the City.
B. Notice to Public
Declaration.
of Preparation of Proposed Negative
(1) Notice by mail, of the preparation of a
proposed Negative Declaration shall be given to all organizations
and individuals who have previously requested such notice and
at least 10 days prior to adoption of the Negative
shall be given
Declaration.
(2)
proposed Negative
In all cases, Notice of the preparation of a
Declaration shall be provided to the public, by
publication once in a newspaper of general circulation published
in the city, at least 10 days prior to adoption of the Negative
Declaration. The notice shall describe the project, state that
it has been found that such project will not have a significant
effect on the environment, state where the proposed Negative
Declaration may be inspected and state the deadline for receipt
of comments and the place where comments may be sent.
(3) In all cases, Notice of the preparation of a
proposed Negative Declaration shall be provided by posting it, at
least 10 days prior to adoption of the Negative Declaration, on
the Planning Director Bulletin Board. The Notice shall state the
deadline for receipt of comments on the
the place where comments may be sent.
(4) Notwithstanding
subsections (1), (2) and (3) above~
public notice of the preparation of
Negative Declaration and
the requirements set forth in
the department shall provide
a Negative Declaration, at
the same time and
required by law for the
notice required by law
public notice required
Declaration.
in the same manner as public notice otherwise
project under consideration, e.g. public
for the project shall be combined with the
for the preparation of the proposed Negative
10.
(5) Comments received during the consultation and
review period on t~e proposed Negative Declaration which raise
significant environmental points as to the project shall receive
adequate response by the Department before forwarding to the
decision-maker. The department is not foreclosed from causing an
EIR to be prepared at any time.
(6) All comments which have been received and the
responses thereto shall be forwarded to the decision-maker with
the proposed Negative Declaration together with the Initial Study
(the completed Information and Checklist Form) documenting reasons
to support the finding, for its evaluation,
decision on the Negative Declaration prior
project.
(7) Prior to approving
making body of the City shall consider
Declaration together with any comments
consideration and
to approval of the
the project, the decision-
the proposed Negative
received during the public
review process. The decision-making body shall approve the
Negative Declaration if it finds on the basis of the Initial
Study and any comments received that there is no substantial
evidence that the project will have a significant effect on the
environment. The decision-making body or official may also
modify or reject the proposed Negative Declaration, and require
the Department to cause an EIR to be prepared.
VIII.
NOTICE OF DETERMINATION
(Defined in Section 15373)
See also Section 15075. A copy of this Notice appears in Appendix
of the State CEQA Guidelines.
A. Filing After Approval of Project for Which Negative
Declaration Was Prepared. After making a decision to carry out
or approve a project for which a Negative Declaration has been
prepared, the Development Services Department shall file with the
Kern County Clerk a Notice of Determination in the form set forth
in Appendix D, together with a copy of the Negative Declaration
attached.
D
B. Contents of Notice of Determination. The Notice of
Determination shall include:
(1) An identification of the project including
its common name where possible and its location.
(2) A brief description of the project.
(3) The date on which the City approved the
project.
after the
effect on the
an EIR.
(4) The determination of the City that the project
will not have a significant effect on the environment.
(5) A statement that a Negative Declaration has
been prepared pursuant to the provisions of CEQA.
(6) The address where a copy of the Negative
Declaration may be examined.
C. Where Project Requires State Approval. If the
project requires discretionary approval from a state agency, the
Notice of Determination also shall be filed with the Secretary of
Resources, Room 1311, 1416 Ninth Street, Sacramento, CA 95814.
D. Filing Starts Statute of Limitations. The filing
of the Notice of Determination starts a 30-day statute of limitations
on court challenges to the approval under CEQA.
IX.
DECISION TO PREPARE EIR -- EIR PROCESS
For a definition of "environmental impact report" see
Section 15362, for the process of using an EIR, see Sections
15080--15096; for required EIR content and approaches to writing
EIRs, see Sections 15120--15168.
(1 If the Development Services Department finds
Initial Study that the project may have a significant
environment, it must prepare or cause to be prepared
(2) An EIR should be prepared whenever it can be
fairly argued on the basis of substantial evidence that the
project may have a significant effect on the environment.
12.
(3) An EIR should be prepared when there is a
serious public controversy concerning the environmental effect of
a project. Controversy not related to an environmental issue does
not require the preparation of an EIR.
(4) An EIR should be prepared when the Development
Services Department determines to do so upon receipt of comments
during the consultation and review process for a Negative
Declaration raising significant environmental points as to the
project and when the decision-making body or official rejects the
Negative Declaration.
THE EIR PROCESS
The following steps shall be followed after it is
determined that an EIR shall be prepared:
A. Early Consultation--Prior to Completing Draft.
(1) Before completing a draft EIR consisting of
the information specified in Sections 15124, 15125, and 15126 (as
modified by Section 15127 where applicable) the appropriate City
representatives shall consult with all responsible agencies
pursuant to Section 15063(g). In addition, if it has not already
done so, the City should also consult directly with any person or
organization it believes will be concerned with the environmental
effects of the project.
(2) For projects where federal involvement might
require preparation of a federal EIS, the City should consult
with the appropriate federal agency on the need for an EIS. If
both an EIR and EIS are needed, the documents should be prepared
jointly where federal regulations or procedures allow, or the EIR
should be prepared pursuant to Section 15221. Preparation of a
separate EIR and EIS for the same project should be avoided if
possible.
13.
B. Notice of Preparation. Immediately after deciding
that an EIR is required for a project, the City shall send to
each Responsible Agency and Trustee Agency, a Notice of Preparation,
(Appendix J) stating that an EIR will be prepared. This Notice
shall also be sent to every federal agency involved in approving
or funding the project and to each Trustee Agency responsible for
natural resources affected by the project. The Notice of Preparation
shall provide the Responsible Agencies with sufficient information
describing the project and the environmental effects to enable
the Responsible Agencies to make a meaningful response. At a
minimum, the information shall include:
(1) Description of the project;
(2) Location of the project indicated on an
attached map (preferably a copy of a U.S.G.S. 15' or 7-1/2'
topographical map identified by quadrangle name, or by a street
address in an urbanized area); and
(3) Probable environmental effects of the project.
The City may begin work on the Draft EIR immediately
without awaiting responses to the Notice of Preparation.
To send copies of the Notice of Preparation, the City
shall use either certified mail or any other method of transmittal
which provides it with a record that the Notice was received.
When one or more state agencies will be a Responsible
Agency, the City shall send a Notice of Preparation to each state
Responsible Agency and each Trustee Agency with a copy to the
State Clearinghouse. When it is submitted to the State Clearing-
house, the state identification number will be the identification
number for all subsequent environmental documents on the project.
The identification number should be referenced on all subsequent
correspondence regarding the project, specifically on the title
page of the draft EIR and final EIR and on the Notice of
Determination.
14.
be prepared
environment.
effect, the City upon approving
whether there are feasible ways
adverse environmental effects.
C. Significant Effect on the Environment. A significant
effect on the environment is defined as a substantial, or potentially
substantial, adverse change in the physical conditions which
exist in the area affected by the proposed project. An EIR must
when a project may have a significant effect on the
Further, when an EIR identifies a significant
the project must make findings on
available to avoid or reduce the
consultation with
the form shown in
be filed with the
Notice of Completion. (Defined by Section 15372)
(1) As soon as the Draft EIR is completed, (after
responsible agencies) a Notice of Completion in
Appendix C of the State CEQA Guidelines, must
Secretary for Resources.
(2) Where the EIR will be reviewed through the
State review process handled by the State Clearinghouse, the
cover form required will serve as the Notice of Completion, and
no Notice of Completion need be sent to the Resources Agency.
E. Public Review -- Prior to Public Hearings.
(1) After completing a Draft EIR, the appropriate
city representatives shall consult with and obtain comments from
public agencies having jurisdiction by law with respect to the
project and should consult with persons having special expertise
with respect to any environmental impact involved.
(2) Copies of the Draft EIR may be sent to Kern
COG for distribution to appropriate agencies together with a
notice of the time and place of public hearing. Otherwise, the
City shall send copies of the Draft EIR directly to each affected
local agency with appropriate public hearing notice.
(3) At least one copy of the Draft EIR shall be
sent to both the main Public Library and the Law Library.
15.
(4) The Notice of Completion or other Notice shall
be posted on the Planning Department Bulletin Board, together with
Notice of the time and place of the public hearing on the Draft EIR
and information where copies are available for review.
(5) Copies of the Draft EIR shall be made available
for acquisition by members of the general public. Any person
requesting a copy shall be charged with actual cost of reproducing
it.
F.
are submitted
Notice of
Time for Review.
for review,
Completion, the
At the time copies of the Draft EIR
on or about the time of the filing of the
Development Services Department shall
establish a time period so as to permit adequate review of and
comment on the Draft EIR by public agencies, organizations or
persons prior to the public hearing. Such period of time shall
be based upon the size and scope of the proposed project; such
review period shall not be less than 30 days nor longer than 90
days from the filing of the Notice of Completion, except in unusual
situations. The review period for draft EIRs for which a state
agency is a responsible agency shall be at least 45 days unless
a shorter period is approved by the State Clearinghouse.
G. Public Hearing on Draft EIR. All draft EIRs shall
be considered at a public hearing before the Planning Commission
of the City of Bakersfield. The following procedure shall apply:
(1) The public hearing shall be held and conducted
not earlier than 30 nor later than 90 days from the filing of the
Notice of Completion, except in unusual cases.
(2) Notice of the time and place of such public
hearing shall be given by publishing notice thereof in a newspaper
of general circulation published in the City at least 15 days prior
to the date of the hearing and posting such notice during such
period on the bulletin board of the Planning Department. The
public notice may be provided at the same time and in the same
manner as public notice otherwise required by law for the project.
16.
(3) Such notice shall describe the project as to
nature, purpose and location, and shall invite the public to
attend the hearing and comment on the Draft EIR.
(4) At the hearing, the focus of the review shall
be on the objectivity and adequacy of the Draft EIR in discussing
possible impacts upon the environment, ways in which adverse
effects might be minimized, and alternatives to the project in
light of the intent of CEQA, to provide decision makers with useful
information about such factors.
H. Response to Comments. It is the responsibility of
the Development Services Department to respond in writing to all
significant environmental points raised in the review, consultation
and public hearing process. Such response may take the form of a
revision of the Draft EIR or may be an attachment to the Draft EIR.
Where the response to comments makes important changes in the
information contained in the text of the Draft EIR, the City should
either: (1) revise the text in the body of the EIR, or (2) include
marginal notes showing that the information is revised in the
response to comments. In particular, the major environmental issues
raised when the City's position is at variance with recommendations
and objections raised in the comments must be addressed in detail
giving reasons why specific comments and suggestions were not
accepted. There must be good faith, reasoned analysis in response.
Conclusory statements unsupported by factual evidence will not
suffice. (See Section 15088.)
XI.
PREPARATION OF FINAL EIR
A. Contents of Final EIR. Environmental Impact Reports
must contain the information outlined in Article 9 (commencing with
Section 15120) of the State CEQA Guidelines, and shall contain a
brief summary of the proposed action and its consequences in
language sufficiently simple that the issues can be understood by
the average member of the lay public. The EIR shall also contain
17.
a table of contents or an index. The summary shall stress the
major conclusions, areas of controversy (including issues raised
by agencies and the public) and the issues to be resolved (includ-
ing the choice among alternatives and how to mitigate the significant
effects). The summary should normally not exceed 15 pages.
The final EIR shall consist of:
(1) The Draft EIR or a revision of the draft.
(2) Comments and recommendations received on the
Draft EIR either verbatim or in summary.
(3) A list of persons, organizations, and public
agencies commenting on the Draft EIR.
(4) The responses of the City of significant
environmental points raised in the consultation and review process.
(5) Any other information added by the City.
B. Action by Planning Commission on Final EIR. When
the Final EIR has been completed by the Development Services
Department, it shall be placed on an agenda of a regular meeting
of the Planning Commission for evaluation and consideration by
said Commission.
(1
whether or not to
been completed in
The Planning Commission shall determine
recommend certification that the Final EIR has
compliance with CEQA, the State CEQA Guidelines
and these regulations. Where the Planning Commission is the
decision-making body, it shall so certify the Final EIR as so
completed and that it has reviewed and considered the information
contained in the Final EIR prior to the approval of the project.
(2) When the Planning Commission is the decision-
making body, it shall not approve or carry out a project for
which a Final EIR has been completed which identifies one or more
significant effects of the project unless it makes one or more of
the following written findings for each of those significant
effects, accompanied by a statement of the facts supporting each
finding.
18.
(a) Changes or alterations have been required
in, or incorporated into, the project which avoid or substantially
lessen the significant environmental effects thereof as identified
in the Final EIR.
(b) Such changes or alterations are within
the responsibility and jurisdiction of another public agency and
not the agency making the finding. Such changes have been adopted
by such other agency or can and should be adopted by such other
agency.
(c) Specific economic, social, or other
considerations make infeasible the mitigating measures or project
alternatives identified in the Final EIR.
(3) The findings required by subsection (2) above
shall be supported by substantial evidence in the record.
(4) The finding in subsection (2) (b) above shall
not be made if the agency making the finding has concurrent
jurisdiction with another agency to deal with identified feasible
mitigation measures or alternatives.
C. Certification of Final EIR.
(1) The Final EIR shall be presented to the
decision-making body of the City. That body (City Council, Board
of Zoning Adjustment or other official or body), shall certify
that the Final EIR has been completed in compliance with CEQA,
the State CEQA Guidelines and these regulations and that such
body or official having final approval authority over the project
has reviewed, evaluated and considered the information contained
in the Final EIR prior to approval of the project.
(2) The decision-making body shall not approve or
carry out a project for which a Final EIR has been completed
which identifies one or more significant effects of the project
unless it makes one or more of the written findings for each of
those significant effects, as set forth in subsection B above,
accompanied by a statement of the facts supporting each finding.
19.
XII.
NOTICE OF DETERMINATION -- AFTER EIR
(See Section 15094)
A. Filing of Notice of Determination. After approving
a project for which an EIR has been prepared, the Development
Services Department shall file a Notice of Determination with the
Kern County Clerk in the form set forth in Appendix D. If the
project requires discretionary approval from a state agency, the
Notice shall also be filed with the Secretary for Resources. Such
Notice shall include:
(1) An identification of the project including its
common name where possible and its location.
(2) A brief description of the project.
(3) The date when the City approved the project.
(4) The determination of the City whether the
project in its approved form will have a significant effect on
the environment.
(5)
certified pursuant
(6)
condition of
xI. B. (2).
A statement that an EIR was prepared and
to the provisions of CEQA.
Whether mitigation measures were made a
the approval of the project.
(7) Whether findings were made pursuant to Section
(8)
tions was adopted for the project.
(9) The address where a copy of the EIR and
record of project approval may be examined.
B. Filing Starts Statute of Limitations Period.
filing of the Notice of Determination starts a 30-day
limitations on court challenges to the approval under
Whether a Statement of Overriding Considera-
the
The
statute of
CEQA.
20.
XI±i.
APPENDICES
A. Appendix A is
B. Appendix B is
Departments.
C. Appendix C is
D. Appendix D is
E. Appendix E is
F. Appendix F is
G.
the Flow Chart.
the Statutory Authority of State
the Notice of Completion.
the Notice of Determination.
the Notice of Exemption.
the Energy Conservation Document.
Appendices G are the examples of significant
effects.
H. Appendix H is
I. Appendix I is
J. Appendix J is
K. Appendix K is
the Environmental Information Form.
the Environmental Checklist Form.
the Notice of Preparation.
the Archaeological Impact Document.
XIV.
TIME LIMITS -- EIRs
A. For projects described in
21065 of the Public Resources Code, e.g.
issuance to a person of a lease, permit,
other entitlement for use, by City, the
for performing the functions described in
apply.
1. With a private project,
AND NEGATIVE DECLARATIONS
subdivision (c) of Section
activities involving the
license, certificate, or
following time periods
the paragraph shall
the City shall complete
and certify the final EIR in not more than one year from the date
on which an application requesting approval for the project is
received and accepted as complete by the City.
2. With a private project, the City shall complete
a proposed Negative Declaration in not more than 105 days from
the date on which an application requesting approval for the
project is received and accepted. Completion shall include the
Initial Study, public review, and the preparation of a document
ready for approval by the decision-making body. Completion need
not include the approval of the Negative Declaration by the
decision-making body. Prior to approving a project, the decision-
making body shall consider and approve the Negative Declaration.
21.
3. Within 45 days after accepting an application
as complete, the City shall make an initial determination of
whether the project will need an EIR or a Negative Declaration.
4. The City shall convene a meeting with one or
more responsible agencies to discuss the scope and content of a
proposed EIR as soon as possible but not later than 30 days after
the meeting is requested as provided by Section 15104.
5. As soon as possible after receiving a Notice
of Preparation and in no event more than 45 days after receiving
the notice, a responsible agency shall inform the City as Lead
Agency of the scope and content of the environmental information
that the responsible agency would need in the EIR.
B. In the event that compelling circumstances justify
additional time and the project applicant consents, reasonable
extension of the time periods may be made.
C. At the request of applicant, the City may waive the
one-year time period for completing and certifying a final EIR or
the 105-day period for certifying a Negative Declaration if the
following conditions occur:
(a) The project will be subject to CEQA and to
the National Environmental Policy Act (NEPA);
(b) Additional time will be required to prepare a
combined EIR-EIS or a combined Negative Declaration finding of no
significant impact as provided in Section 15222; and
(c) The time required to prepare the combined
document will be shorter than
documents separately.
the time required to prepare the
XV.
FEES
A. Preliminary Environmental Assessment -- Prior to
Initial Study. There shall be no fee for a preliminary environ-
mental assessment prior to the Initial Study as set forth in
Paragraph IV.
22.
B. Initial Study. The fee for environmental assessment
where it has been determined that the activity is not exempt under
CEQA, e.g. the Initial Study and preparation of Negative Declaration,
shall be included in the discretionary permit application fee.
C. Environmental Impact Report. The fee for the review
and coordination of an Environmental Impact report for a project
sponsored entirely by a person other than the City shall be included
in the discretionary permit application fee (or $595) and shall be
paid at the time it is determined that an EIR will be required.
Such fee does not include the cost of preparation of an EIR by a
consultant and such additional cost shall be paid to the City upon
demand by the Planning Director.
D. Excess Cost. Where the estimated cost to the City
to be incurred in preparing the
tion or the EIR is in excess of
B and C above, a reasonable iee
Initial Study and Negative Declara-
the minimum fees estaDlished under
may be charged and collected from
such sponsor, in order to recover the estimated costs, which fees
must be paid within a reasonable time after notification by the
Development Services Department. If any dispute arises over the
amount of such fees, the City Council shall determine the
amount of such fee, which decision is final.
E. Copies to Public. The City shall charge and collect
a fee from members of the public the actual cost of reproducing a
copy of the Negative Declaration or EIR requested by the member of
the public.
23.
§ 15203
(p 32244)
RESOUR(;ES ACENCY TITLE 14
APPENDIX A
CEQA PROCESS FLOW CHART
RESOU~(~ES AGENCY
§ 15203
(p 32245)
APPENDIX B
AREAS OF SP~C~A L
EXPERTISE OF STATE
DEPARTMENTS iN SUBJECTS
OF ENVIRONMENTAL
CONCERN
RESOURCES At ;ENCY
TITLE 14
TITLE 14
R ESOI.]RCE'g AGENCY
API'ENI)IX B t:00TNOTES
5203
323)
15203
p 324)
App~.ndix C
NOTICE OF COMPLETION
State of California
The Resources Agency
SECRETARY F'OR RESOURCES
1416 Ninth Street, Room 1311
Sacramento. California 9,5814
TITLE 14
l~ad Agency Di, ision
Address Wh,~re Copy of EIR is Available
Review Period
Contact Person Area Code Phone Exlension
HISTORY
I Amendment of Appendix C filed 12-14-7(1 as an emergency; effective upon filing
(;ertificate of Compliance included (Register 7& No 50)
A NOTICE OF COMPLETION AND ENVIRONMENTAL
DOCUMENT TRANSMITTAL FORM MAY BE SUBSTITUTED
FOR APPENDIX C.
APPENDIX D
NOTICE OF DETERMINATION
TO:
Secretary for Resources
1416 Ninth Street, Rm 13[[1
Sacramento, CA 95814
FROM: (Lead Agency)
County Clerk
County of
SUBJECT:
Filing of Notice of Determination in compliance with
sec. 21108 or 21152 of the Public Resources Code.
Project Title
(Identifying Project Including Common Name)
State Clearinghouse Number
(if submitted to State Clearinghouse)
Contact Person Tel. No.
Project Location
Project Description
Date when City approved the project:
This is to advise that the
(Lead Agency)
has approved the above-described project and has made the following
determination regarding the above-described project:
1. The project in its approved form will
will not
have a significant
effect on the
environment.
An Environmental Impact Report was prepared for this
-- project pursuant to the provisions of CEQA.
A Negative Declaration was
--- pursuant to the provisions
Declaration is attached.
prepared for this project
of CEQA. A copy of the Negative
3. Mitigation Measures
project.
were made conditions of approval of the
Mitigation Measures
the project.
were not made conditions of approval of
4. A
Statement of Overriding Considerations
was adopted for this project.
was not adopted for this project.
5. Address where a copy of the EIR and record of project approval
may be examined.
Reference: Cal,Adm. C. Title 14, Sections 15373 and 15094.
APPENDIX E
NOTICE OF EXEMPTION
TO: Secretary for Resources FROM:
1416 Ninth Street, Room 1311
Sacramento, CA 95814
County Clerk
County of
Project Title
Project Location--Specific
Project Location--City
Project Location--County
Description of Nature, Purpose, and Beneficiaries of Project
Name of Public Agency Approving Project
Name of Person or Agency Carrying Out Project
Exempt Status: (Check One)
Ministerial (Sec. 15268)
Declared Emergency (Sec. 15269(a))
-- Emergency Project (Sec. 15269(D) and (c))
--Categorical Exemption. State type and section number:
Reasons why project is exempt:
Contact Person
Area Code Telephone Extension
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a notice of exemption been filed by the public agency
approving the project? Yes No
Date Received for Filing:
Signature
Title
NOTE: Authority cited: Sections
Code. Reference: Section 21108,
Code and Chap. 56, Stats. 1974.
21083 and 21038, Public Resources
21152, 21167, Public Resources
HISTORY:
1. New Appendix E filed 3/26/74 as an emergency; effective
upon filing (Register 74, No. 13).
2. Certificate of Compliance filed 6/26/74 (Register 74,
No. 26)
3. Amendment filed 1/3/75; designated effective 4/1/75
(Register 75, No. 1).
TITLE 14 RESOURCES AGENCY § 15203
[aegi=ter 180, NO. 1~1~5-1(~E0} kp 3243)
Appendix F
ENERGY CONSERVATION
I Introduction
The goal of conserving energy implies the wise and efficient use of energy
The means of achieving this goal include:
(1) decreasing overall per capita energy consumption,
(2) decreasing reliance on natural gas and oil, and
(~,) increasing reliance on renewable energy sources
In order to assure that energy implications are considered in project deci-
sion.s the California Environmental Quality Act requires that EIPa include a
discussion uf the potential energy impacts of proposed prujects, with particular
emphasis on avoiding or reducing inefficient, wastefu] and unnecessary con-
sumption of energy
Energy conservation implies that a project's cost effectivene~ be reviewed
not onl; in dollars, but also in terms of energy requirements. For many' projects,
lifctim~' costs may' be determined more b} energy efficiency than by initial
dollar costs.
fl. EIB Contents
Potentially significant enersy implications of a project should be considered
m an ELF,. The following list otenergy impact possibilities and potential conser-
vation measures is designed to assist in the preparation of an EIR In many
instances specific items may not apply or additional items may be needed
A. Project Description may include the following items:
I Energy consumin e uipment and roeesses which will be used during
construction, operation a~/or removal o~ the project. If appropriate, this dis-
cussion should consider the energy intensiveness of materials and equipment
required for the project
2 Total energy requirements of the project by fuel type and end use
3 Energy conservation equipment and desil~n features.
4 Initial'and life-cycle energy costs or supplies.
5 Total estimated daily trips to be generatedhy the project and the addition-
al energy consumed per trip by mode
B Environmental .getting may include existing energy supplies and energy
use r~atierns in the region and locality
C' Environmental Impacts may int31ude.
I The projeet's energy requirements and its energy use efficiencies by
amour, t and fuel type for each stage of the projeet's life cycle including con-
struction operation, maintenance and/or removal. If appropriate, the energy
intensiveness of materials may be discussed
§ 1.5203 IH:5t~UB,.:ES 4( ldNC'~ TITLE 14
rpcluirelnents b,r additional
Tht' c{[('('[~ o{ [hc proiecl on peak aim I~ase period demam{~ tnr e]ectridtv
-I The degree. to which lhe proj~,ct ctmtp]ies with existina cne,gv standard~
.5 The t4tt'cts o{ the pro ect on cilergx resources '
, ~5 T}a' p~,~je~'s )rojected transt~rtation energy use requirements and
~ ~eral} use ~ eiJicicut trans~rtation a b.rnatives
]) MiU<at.q, Measures ma5
I }'oientia] measures to re~uct' x~astefu]. im'fficienl and tm~ecessarv con
mt},' l>r~*)'ct .red whx other measures were dismissed
2 T}Lc I}otelitial ~)f ~iting, ori,mtation, anti desi<It to tlIIT':]IILiZ/' era'r<5
sum Trion. including translx~rtation energ~
:5 T]~c ~{]tential'{ot reducing peak crier? dt'ma[~d
4 51ternate finds (particularly renewable ones~ or em'r~,'
5 }'),'Tex c~msersration wlm'[{ ctm]d rcs~dt frmn recscling efforts
K kl',*,rlmt/x cs should ~ compared in terms r~{ ,,scr'511 um'rg5 consumptk,i~
and in terms o[ rpducing wasteltd ineffk'icnt and umleccssar5 constlmption
t,lterg)
F ['navoidable Adverse Effects ma} inchMe wasteful, mefhcient and un-
[H'i t-is3Fg collSilIil )tion of ener~x during th,' projecl construction, operation,
mainh,n]mcc amlor removal th'~t cannot be h-asihix mitigaied
C Irr~-v,'rsible Commitmenl o{ Resourtes ma)include a dist,usskm of
lhp ]mm,ci [)rpelilpls {littire energy dew']ol)melll or future em,rg> conserva-
}t 5t~rt l'e~Tn (;ait~s v{,rs~ls [,,}B~'l'em~ m~pacts Call bp c~,mparcd b~ c'al-
cu[a'inh the em'Tg5 cosis over the [ifetimc o~ thc project
[ /;ft.x~th h~ducing Effects may include the estimated cne'rg~ c,nsumpti~m
APPENDIX G
SIGNIFICANT EFFECTS
A project will normally have a significant effect on
the environment if it will:
(a) ,Conflict with adopted environmental plans and
goals of the community where it is located;
(b) Have a substantial, demonstrable negative aesthetic
effect;
(c) Substantially affect a rare or endangered species
of animal or plant or the habitat of the species;
(d) Interfere substantially with the movement of any
resident or migratory fish or wildlife species;
(e) Breach published national, state, or local standards
relating to solid waste or litter control;
(f) Substantially degrade water quality;
(g) Contaminate a public water supply;
(h) Substantially degrade or deplete ground water
resources;
years old,
part
(k)
population;
(1)
in relation to
street system;
(m)
(n)
(i) Interfere substantially with ground water recharge;
(j) Disrupt or alter archaeological site over 200
an historic site or a paleontological site except as
of a scientific study of the site;
Induce substantial growth or concentration of
Cause an increase in traffic which is substantial
the existing traffic load and capacity of the
Displace a large number of people;
Encourage activities which result in
large amounts of fuel or energy;
(o) Use fuel or energy in a wasteful manner;
(p) Increase substantially the ambient noise
for adjoining areas;
the use of
levels
hazards;
(q) Cause substantial flooding, erosion or siltation;
(r) Expose people or structures to major geologic
(s)
new development;
(t) Substantially diminish
or plants;
(u)
established community;
(v)
health hazard;
(w)
Extend a sewer trunk line with capacity to serve
habitat for fish, wildlife
Disrupt or divide the physical arrangement of an
Interfere with emergency response plans or emergency
evacuation plans.
(y)
use or impair
land.
(z)
Conflict with established recreational, educational,
religious or scientific uses of the area;
(x) Violate any ambient air quality standard, contribute
substantially to an existing or projected air quality violation,
or expose sensitive receptors to substantial pollutant concentrations.
Convert prime agricultural land to non-agricultural
the agricultural production of prime agricultural
Create a public health hazard or potential public
APPENDIX H
Date Filed
Environmental Information Form
(To be completed by applicant)
GENERAL INFORMATION:
1. Name and address of developer or project sponsor:
2. Address of project:
Assessor's Block and Lot Number
3. Name, address, and telephone number of person
concerning this project:
to be contacted
4. Indicate number of the permit application for the project to
which this form pertains:
5. List and describe any other related permits and other public
approvals required for this project, including those required by
city, regional, state and federal agencies:
6. Existing zoning district:
7. Proposed use of site (Project for which this form is filed:
PROJECT DESCRIPTION
8. Site size.
9. Square footage of improvements.
10. Number of floors of construction.
11. Amount of off-street parking provided.
12. Attach plans.
13. Proposed scheduling.
14. Associated projects.
15. Anticipated incremental development.
16. If residential, include the number of
sizes, range of sale prices or rents,
expected.
units, schedule of unit
and type of household size
17. If commercial, indicate the type, whether neighborhood, city or
regionally oriented, square footage of sales area, and loading
facilities.
18. If industrial, indicate type, estimated employment per shift
and loading facilities.
19. If institutional, indicate the major function, estimated employ-
ment per shift, estimated occupancy, loading facilities, and
community benefits to be derived from the project.
20. If the project involves a variance, conditional use or rezoning
application, state this and indicate clearly why the application
is required.
Are the following items applicable to the project or
its effects? Discuss below all items checked yes (attach
additional sheets as necessary).
YES NO
21.
Change in existing features of any bays, tidelands,
beaches, lakes or hills, or substantial alteration
of ground contours.
22. Change in scenic views or vista from existing
residential areas or public lands or roads.
23. Change in pattern, scale or character of general area
of project.
24. Significant amounts of solid waste or litter.
25. Change in dust, ash, smoke, fumes or odors in
vicinity.
26. Change in ocean, bay, lake, stream or ground water
quality or quantity, or alteration of existing
drainage patterns.
27. Substantial change in existing noise or vibration
levels in the vicinity.
28. Site on filled land or on slope of 10 percent or
more.
29. Use or disposal of potentially hazardous materials,
such as toxic substances, flammables or explosives.
30. Substantial change in demand for municipal services
(police, fire, water, sewage, etc.).
31.
Substantially increase fossil fuel consumption
(electricity, oil, natural gas, etc.).
32.
Relationship to a larger project or series of
projects.
ENVIRONMENTAL SETTING
33. Describe the project site as it exists before the project,
including information on topography, soil stability, plants and
animals, and any cultural, historical or scenic aspects. Describe
any existing structures on the site, and the use of the structures.
Attach photographs of the site. Snapshots or polaroid photos will
be accepted.
34. Describe the surrounding properties, including information on
plants and animals and any cultural, historical or scenic aspects.
Indicate the type of land use (residential, commercial, etc.),
intensity of land use (one-family, apartment houses, shops, depart-
ment stores, etc.), and scale of development (height, frontage,
set-back, rear yard, etc.). Attach photographs of the vicinity.
Snapshots or polaroid photos will be accepted.
CERTIFICATION: I hereby certify that the statements furnished
above and in the attached exhibits present the data and information
required for this initial evaluation to the best of my ability, and
that the facts, statements, and information presented are true and
correct to the best of my knowledge and belief.
DATE
(Signature)
(For)
APPENDIX I
ENVIRONMENTAL CHECKLIST FORM
(To be completed by Lead Agency)
BACKGROUND
1. Name of proponent:
2. Address and phone number of proponent:
Date of checklist submitted:
Agency requiring checklist:
Name of proposal, if applicable:
II. ENVIRONMENTAL IMPACTS
(Explanations of all "yes" and "maybe" answers are required on
attached sheets.)
YES MAYBE NO
1. Earth. Will the proposal result in:
Unstable earth conditions or in
changes in geologic substructures?
Disruptions, displacements,
compaction or overcovering of the
soil?
Change in topography or ground
surface relief features?
The destruction, covering or
modification of any unique geologic
or physical features?
ee
Any increase in wind or water
erosion of soils, either on or
off the site?
Changes in deposition or erosion of
beach sands, or changes in siltation,
deposition or erosion which may
modify the channel of a river or
stream or the bed of the ocean or
any bay, inlet or lake?
Exposure of people or property to
geologic hazards such as earthquakes,
landslides, mudslides, ground failure,
or similar hazards?
o
Air.
a.
Will the proposal result in:
Substantial air emissions or
deterioration of ambient air quality?
The creation of objectionable odors?
Alteration of air movement, moisture
or temperature, or any change in
climate, either locally or regionally?
YES MAYBE NO
o
Water. Will the proposal result in:
Changes in currents, or the course or
direction of water movements, in
either marine or fresh waters?
Changes in absorption rates, drainage
patterns or the rate and amount of
surface water runoff?
Alterations to the course or flow of
flood waters?
Change in the amount of surface water
in any water body?
Discharge into surface waters, or in
any alteration of surface water
qualify, including but not limited to
temperature, dissolved oxygen or
turbidity?
Alteration of the direction or rate
of flow of ground waters?
Change in the quantity of ground
waters, either through direct
additions or withdrawals, or through
interception of an aquifer by cuts or
excavations?
Substantial reduction in the amount
of water otherwise available for
public water supplies?
Exposure of people or property to
water related hazards such as
flooding or tidal waves?
Plant Life. Will the proposal result in:
Change in the diversity of species or
number of any species of plants
(including trees, shrubs, grass,
crops, and aquatic plants)?
Reduction of the numbers of any
unique, rare or endangered species
of plants?
do
Introduction of new species of plants
into an area, or in a barrier to the
normal replenishment of existing
species?
Reduction in acreage of any
agricultural crop?
YES MAYBE NO
Animal Life. Will the proposal result in:
Change in the diversity of species,
or numbers of any species of animals
(birds, land animals including
reptiles, fish and shellfish,
benthic organisms or insects)?
Reduction of the numbers of any
unique, rare or endangered species
of animals?
Introduction of new species of
animals into an area, or result
a barrier to the migration or
movement of animals?
d. Deterioration to existing fish or
wildlife habitat?
Noise. Will the proposal result in:
a. Increases in existing noise levels?
b. Exposure of people to severe noise
levels?
Light and Glare. Will the proposal produce
new light or glare?
Land Use. Will the proposal result in a
substantial alteration of the present or
planned land use of an area?
Natural Resources. Will the proposal result
in:
Increase in the rate of use of any
natural resources?
Substantial depletion of any
nonrenewable natural resource?
10.
Risk
of Upset. Will the proposal involve:
A risk of an explosion or the release
of hazardous substances (including, but
not limited to, oil, pesticides, chemicals
or radiation) in the event of an accident
or upset conditions?
Possible interference with an
emergency response plan or an
emergency evacuation plan?
YES MAYBE NO
11.
Population. Will the proposal alter the
location, distribution, density, or
growth rate of the human population of an
area?
12.
Housing. Will the proposal affect
existing housing, or create a demand
for additional housing?
13.
Transportation/Circulation. Will the
proposal result in:
Generation of substantial additional
vehicular movement?
Effects on existing parking facilities,
or demand for new parking?
Substantial impact upon existing
transportation systems?
Alterations to present patterns of
circulation or movement of people
and/or goods?
Alterations to waterborne, rail
or air traffic?
Increase in traffic hazards to motor
vehicles, bicyclists or pedestrians?
14.
Public Services. Will the proposal have
an effect upon, or result in a need for
new or altered governmental services in
any of the following areas:
a. Fire protection?
b. Police protection?
c. Schools?
d. Parks or other recreational
facilities?
e. Maintenance of public facilities,
including roads?
f. Other governmental services?
15.
Energy. Will the proposal result in:
a. Use of substantial amounts of fuel or
energy?
Substantial increase in demand upon
existing sources of energy, or require
the development of new sources of
energy?
YES MAYBE NO
16.
Utilities. Will the proposal result in a
need for new systems, or substantial
alterations to the following utilities:
a. Power or natural gas?
b. Communications systems?
c. Water?
d. Sewer or septic tanks?
e. Storm water drainage?
f. Solid waste and disposal?
17. Human Health. Will the proposal result in:
so
Creation of any health hazard or
potential health hazard (excluding
mental health)?
Exposure of people to potential
health hazards?
18.
Aesthetics. Will the proposal result in
the obstruction of any scenic vista or
view open to the public, or will the
proposal result in the creation of an
aesthetically offensive site open to
YES MAYBE NO
21. Mandatory Findings of Significance.
Does the project have the potential to
degrade the quality of the environment,
substantially reduce the habitat of a
:fish or wildlife species, cause a fish
or wildlife population to drop below
self sustaining levels, threaten to
eliminate a plant or animal community,
reduce the number or restrict the range
of a rare or endangered plant or animal
or eliminate important examples of the
major periods of California history or
prehistory?
Does the project have the potential to
achieve short-term, to the disadvantage
of long-term, environmental goals? (A
short-term impact on the environment is
one which occurs in a relatively brief,
definite period of time while long-term
impacts will endure well into the
future.)
Does the project have impacts which
are individually limited, but
cumulatively considerable? (A project
may impact on two or more separate
resources where the impact on each
resource is relatively small, but where
the effect of the total of those impacts
on the environment is significant.)
do
Does the project have environmental
effects which will cause substantial
adverse effects on human beings,
either directly or indirectly?
III. DISCUSSION OF ENVIRONMENTAL EVALUATION
IV. DETERMINATION
(To be completed by the Lead Agency)
On the basis of this initial evaluation:
I find the proposed project COULD NOT have a significant effect
on the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a
significant effect on the environment, there will not be a
significant effect in this case because revisions in the
project plans or proposals made by or agreed to by the
applicant before the proposed negative declaration is
released for public review would avoid the effects or
mitigate the effects to a point where clearly no signifi-
cant effects would occur, and there is no substantial
evidence before the city that the project as revised may
have a significant effect on the environment and that a
NEGATIVE DECLARATION WILL BE PREPARED.
I find the proposed project MAY have a significant effect
on the environment, and an ENVIRONMENTAL IMPACT REPORT is
required.
DATE
(Signature)
For
NOTE: Authority cited: Sections 21083 and 21087, Public Resources
Code. Reference Sections 21000-21176, Public Resources Code.
HISTORY:
New Appendix I filed 10/8/76; effective thirtieth day
thereafter (Register 76, No. 41).
NOTE: Order designated that compliance with this
appendix is authorized but not mandatory before 1/1/77.
2. Amendment filed 2/2/78; effective thirtieth day
thereafter (Register 78, No. 5).
3. Amendment of Section II filed 5/8/80; effective
thirtieth day thereafter (Register 80, No. 19).
4. Amendment of Section IV effective 8/1/83.
APPENDIX J
NOTICE OF PREPARATION
TO: FROM:
(Responsible Agency)
(Address)
(Lead Agency)
(Address)
SUBJECT: Notice of Preparation of a Draft Environmental Impact
Report will be the Lead Agency and will
prepare an environmental impact report for the project identified
below. We need to know the views of your agency as to the
scope and content of the environmental information which is
germane to your agency's statutory responsibilities in connection
with the proposed project. Your agency will need to use the
EIR prepared by our agency when considering your permit or other
approval for the project.
The project description, location, and the probable environmental
effects are contained in the attached materials. A copy of the
Initial Study is, is not, attached.
Due to the time limits mandated by State law, your response must
be sent at the earliest possible date but not later than 45 days
after receipt of this notice.
Please send your response to
shown above. We will need the name
agency.
at the address
for a contact person in your
Project Title:
Project Applicant, if any:
Date
Signature
Title
Telephone
Reference:
15082(a)
HISTORY:
1.
California Administrative Code, Title 14, Section
and (b).
New Appendix J filed 2-2-78; effective thirtieth day
thereafter (Register 78, No. 5).
A NOTICE OF COMPLETION AND ENVIRONMENTAL DOCUMENT
TRANSMITTAL FORM MAY BE SUBSTITUTED FOR APPENDIX J.
CONTINU/~ TION SHEEl
FOR FILING ADMINISTRATIVE REGU~. ION.~
WITH THE SECRETARY OF STATE
NOTE: Authority cited: Sections 21083 and ~10~7, P~biic Resources Code;
Reference: Sections 21080.7 and 21083, and 21084, Public Resources Code.
Formerly Section 15043.
34. Appendix K is added to read:
_A~o~ n d___~ x_~
Arc h aeo 1 o~ i__c_a.!
I~. CEQA applies to effect~ on historic and_~_rehistoric archaeological
resources.
II. Public agencies should seek to avoid damaging effects on an
archaeol~§ical resource whenever feasible. If avoidance is not feasible, the
importance of the site shall be evaluated using the criteria outlined in
Section III.
A. In-situ preservation of a site is the preferred manner of
avoiding damage to archaeological resources. Preserving the site is more
important than preserving the artifacts alone because the relationship of the
artifacts to each other in the site provides valuable information that can be
lost when the artifacts are removed. Further, preserving the site keeps it
available for more sophisticated future research methods. Preservation may
also avoid conflict with religious or cultural values of groups associated
~ith the site.
including:
~voidin__9__~_a~gAe_m__ay be accomplished by many approaches,
1. Planning construction to miss archaeological sites;
2. Planning parks, greenspace, or other open space to
incorporate archaeological sites;
3. "Capping" or covering archeological sites with a layer of
soil before buil~in§ tennis courts, parking lots, or similar facilities.
Capping may be used where:
The soils to be covered will not suffer serious
comp acti on;
b. The covering materials are not chemically active;
c. The site is one in which the natural processes of
deterioration have beech effectively arrested; and
d. The site has been recorded.
4. DeedinQ archaeolo~?:~]_.~ites into permanent conservation
easements.
120
CONTINUA T~ON SHEET
FOR FILING ADMINISTRATIVE REGULATION.~
WITH THE SECRETARY OF STATE
IIl. If the lead agency determines that a project may affect an
archaeological resource, the agency shall determine whether the effect may be
a significant effect on the environment. If the project may cause damage to
an important archaeological resource, the project may have a significant
effect on the environment. For the purposes of CEQA, an "important
archaeological resource" is one which:
A. Is associated with an event or person of:
1. Recognized significance in California or American history
or
2. Recognized scientific importance in prehistory.
B. Can provide information which is both of demonstrable public
interest an--d-useful in addressing scientifically consequential and reasonable
archaeological research questions,
C. Has a special or particular quality such as oldest, best
example~ largest, or last surviving example of its kind,
D. Is at least J~O years old and possesses substantial
stratigraphic integrity, or
has shown
E. Involves important research questions that historical research
ca---n be answered only with archaeological methods.
IV.
resource,
study or
If an archaeological resource is not an important archaeological
both the resource and the effect on it shall be noted in the initial
EIR but need not be considered further in the CEQA process.
V. If avoidance of the important archaeological resource is not
feasi~Te, the lead agency should include an excavation plan for mitigating the
effect of the project on the qualities which make the resource important under
Section III.
A. If an excavation plan is prepared, it shall:
1. Be a brief sunmary of the excavation proposed as part of a
mitigation plan;
2. Be available for review only on a need-to-know basis;
3. Not include the specific location of any archaeological
resources if the---plan will be made known to the general public.
B. An excavation plan may:
1. List and briefly discuss the important information the
archaeological re---sources contain or are likely to contain;
121
CONTINUATION SHEET
FILIH~ A~MIHISTRATtYE RE~-ULATION$
WITH THE $EORETARY OF STATE
(Purmuant Io Government Code Section )~380.1)
2. Explain how the information should be recovered to be
useful in addressing scientifically valid research questions and other
concerns identified in subdivision (a);
3. Explain the methods of analysis and, if feasible, display
of excavated materials;
4__~. Provide for final report preparation and distribution; and,
5. Explain the estimated cost of and time required to
complete all actl'--~vities undertaken under the plan.
C. The lead agency may require a mitigation plan to be carried out
as a condition of approval of the project.
VI. A public agency following federal clearance process under the
National Historic Preservation Act or the National Environmental Policy Act
may use the documentation prepared under the federal guidelines in the place
of documentation called for in this appendix.
VII LIMITATIONS ON MITIGATION. Special rules apply to mitigating
si§ni~ant effects on important archaeological resources.
A. If it is not feasible to revise the project to.avoid an
important ~chaeologtcal resource, the lead agency shall require the project
applicant to guarantee to pay one half of the cost of mitigating the
significant effect of the project on important archaeological resources.
1. In determining the payment to be required from the
applicant1 the i~.ad agency shall.consider the !n-kind value of project design
or expenditures ~ntended to permit any or all ~m~ortant archaeological
resources or California Native Anertcan culturally significant sites to be
undisturbed or preserved in place.
a. Consideration of in-kind values does not require a
dollar for dollar set---off against the payment by the project applicant.
b. In deciding on an appropriate set-off, the lead
agency shall conside~uch factors as whether the project design or
expenditures would provide other benefits to the applicant and whether the
design or expenditures required special changes in the project plans.
2. When it decides to carry out or approve the project, the
lead agency shal-T, if necessary, reduce the mitigation measures specified in
the EIR to those which can be funded with:
a. The money guaranteed by the project applicant, and
b. Money voluntarily guaranteed by any other person or
persons for the mitigation.
122
CONTINUATION SHEET
FOR FILING ADMINISTRATIVE REGULATIONS
WITH THE SECRETARY OF STATE
3. In order to allow time for interested persons to provide a
voluntary fundin-g-guarantee, the lead agency shall not decide to carry out or
approve a project having a significant effect on important archaeological
resources until 60 days after completing the final EIR on the project.
4. In no event shall the lead agency require the applicant to
pay more for mi(Tgation within the site of the project than the following
amounts:
a. One half of one percent of the projected cost of the
project~ if the projec~t is a commercial or industrial project.
b. ~ree fourths of one percent of the projected cost of
the project for a housing project consisting of one unit.
c~. If a housing project consists of more than one unit,
three fourths of one percent of the projected cost of the first unit plus the
sum of the following:
(_~_ $200 per unit for any of the next 99 units,
~i_~. $150 per unit for any of the next 400 units,
(iii) $100 per unit for units in excess of 500.
B. Unless special or unusual circumstances warrant an exception,
the field excavation phase of an approved mitigation plan shall be completed
within 90 days after the applicant receives the final approval necessary to
begin physical development of the project.
1. With a phased project, the mitigation measures shall be
completed within90 days after approval is granted for the phased portion to
which the specific mitigation measures apply.
2. llqe project applicant can elect to extend the time limits
for completing th---e field excavation phase of the approved mitigation plan.
3. Amitigation plan shall not authorize violation of any law
protecting ~merican Indian cemeter].e~s~_
C. Excavation as part of a mitigation plan shall be restricted to
those parts--of an important archaeological resource that would be damaged or
destroyed by the project unless.special circumstances require l!mited
excavation of an immediately ad2acent area ~n order to develop ~mportant
information about the part of the resource that would be destroyed.
D. Excavation as mitigation shall not be required for an important
archaeologic~al resource if the lead agency determines that testing
or studies already completed have adequately recovered the scientifically
Eonsequential information from and about the resource, provided that the
2etermination ~s documented ~n the EIR.
123
CONTIHUAllON SHEET
FOR FILINI~ AOMINISTRATIVE REIJULATIO#S
WITH THE $EORETAR¥ OF STATE
(PulJuant *o Government Code Section ! 1380. I)
uJ
O
Z
O
E__~. The limitations on mii:igation shall not apply to:
1. A public project if the lead agency decides to comply with
other provisions of CEQAthat apply to mitigation of significant effects, and
2. A private project if the applicant and the lead agency
jointly elect to comply with other provisions of CEQA that apply to mitigation
of significant effects.
F. The time and cost limitations described in this section do not
apply to sur---veys and site evaluation activities intended to determine whether
the projec~ location contains archaeological ~esources, and if so, whether the
archaeological resources are important as defined in this appendix.
VIII. Discovery of Human Remains.
A. In the event of discovery or recognition of any human remains
in any loca-~ion other than a dedicated cemetery, there shall be no further
excavation or disturbance of the site or any nearby area reasonably suspected
to overlie adjacent human remains until:
1. The coroner of the county in which the remains are
discovered has ~en informed and has determ(ned that no investigation of the
cause of death is required, and
2. If the remains are of Native American origin,
a. Tiqe descendants from the deceased Native Americans
have made a recommen~tion to the landowner or the person responsible for the
excavation work, for means of treating or disposing of, with appropriate
diqnity, the human remains and an~ associated grave goods as provided in
Public Resources Code Section 5097.98, or
b. The Native American Heritage Cor~nission was unable to
identify a descendant--or the descendant failed to make a recon~endation within
24 hours after being notified by the commission.
B. Where the following conditions occur, the landowner or his
authorized r--epresentative shall re(nter the Native A~erican human remains and
associated grave goods with appropriate dignity on the property in a location
not subject to further subsurface disturbance.
1. The Native American Heritage Commission is unable to
identify a descendant;
2. The descendant identified fails to make a recommendation;
or
3. The landowner or his authorized representative rejects the
rec?mnendation ~ the descendant, and the mediation by the Native American
Heritage Commission fails to provide measures acceptable to the landowner.
124
CONTINUATION SHEET
FOR FILING ADMINISTRATIVE REDULA*i
WITH THE SEORETARY OF STATE
C. If the human remains are discovered before the lead agency has
finished th-~CEQA process, th~'agency shall work with the Native ~nerican
Heritage Con~nission and the applicant to develop an agreement for treating or
disposing, with appropriate dignity, of the human remains and any associated
grave goods. Action implementing such an agreement is exempt.from:
1. The general prg~_ibition on disinterring, disturbing, or
removinq human remains from any location other than a dedicated cemetery
(Health and Safety Code Section 7050.5).
.2.:. !~h_e._r~uirements of CE(~A__and the Coastal Act.
IX. A~of the objectives, cr!teria~ and procedures required by
Section 2108~ or as part of conditions imposed for mitigation~ a lead agency
should make provisions for archaeological sites accidentally discovered during
construction. These provisions should include an immediate evaluation of the
find. If the find is determined to be an important archaeological resource,
contingenc~ funding and a time allotment sufficient to allow recoverin9 an
archaeological sample or to employ one of the avoidance measures should be
available. Construction work could continue on other parts of the building
site while archaeological mitigation takes place.
NOTE: Authority cited: Sections 21083 and 21087, Public Resources Code;
Reference: Section 7050.5, Health and Safety Code; Sections 5097.98, 21001(b)
and (c), and 21083.2, Public Resources Code; Societ~ for California Archaeology
v. Count~ of Butte, (1977) ~5 Cal. App. 3d 83~-.-
Note on Appendices A-J
No changes are proposed to Appendices A through J in the existing
guidelines. Accordingly, no changes to those appendices are shown in this
draft. This action would continue those appendices in effect as they are
contained in the existing guidelines.
125
!. ~roJe¢:
~. Lead
For Urban, Major
(' 4= and 4c are optional.)
,'YPK O; DOCU!aENT
._._Oraft EtR
~Mizigated Nag ~c
__..SuDplerr~t (i~ SO,
~rior SCH ·
...... ~=nv. Assessment
..._Oraft
. ~tno'inc NO $ig. l~act
Sec.
?or ~ural,
_._Office: SQ. FT.
Comne. rot al :SQ.~.
~ater/Sewer: MGO
FO~JS OF OISC'JSSION IN 90CUM.,rNT (Select as r.lny as neeoe~)
..._J~hS/Hot~ing Salancm
Tra~fic/Clrculaticm
___Air Quality
Wetlands
__~ildlife ~aoitat
~_~ooding/Ora!nage
__tire Hazard
....water Su~ly
....Geologic/Seismic
___Arc~eolcgical
__SChools
~Coastal
LAND USE AND ZONING
6¢. River
Local S
Privates
TOTALS
~Growr. h Inducing
__New Land Use
___Solid Waste
SI~IFICA~fI'~ EF~.rTS. POSSIBLE MITIGATION AND ALTErnATIVES {:ot-onal)
Signature of Lead Agency Reo: ~ate:
R~.)OU .... :
Air Resources Board
Conse rvati on:
Oil and Gas
Mines and Geology
Fish and Game
Coastal Commission
Caltrans District
Boating & Watemqays
Forestry
Water Board:
Water Rights
Water Quality
___ Regional Board
Dept. of Water Resources
Reclamation Board
Water Conservation
Dam Safety
Solid Waste
Colorado River Board
CTRPA (CalTRPA)
TRPA (Tahoe RPA)
Bay Conservation Dev. Comm.
FOR SCH USE ONLY
Date Rec'd at SCH
Date Review Starts
Date to Agencies
Date to SCH
SCH Clearance Date
NOTES
Parks & Recreatir:,
Office of Historic Pres.
~Native American Heritage
Conservation Corps
State Lands Commission
Public Utilities Comm.
Energy Commission
Food & Agriculture
Health:
Noise Control
Toxics
Environmental Health
Industrial Relations
Corrections
Consumer Affairs
~Housing & Comm. Dev.
General Services
Real Estate
Aeronautics
OTHER: